18 Aug 2023
LO KAI SHUI v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
- Citation
- [2023] HKCA 983
- Court
- Court of Appeal
- Case number
- CACV329/2021
The Court of Appeal held there was no sufficient privity between Lu and Madam Lo to give rise to issue or cause of action estoppel; the respondents failed to establish Henderson v Henderson abuse of process or a collateral attack such that striking out was justified; because the judge’s judgment showed excessive incorporation of counsel submissions the Court conducted a fresh, non‑deferential review, set aside the striking out orders, allowed the majority of proposed amendments (excluding an overbroad proxy pleading), and remitted the action to be assigned to another judge with costs directio…